data-protection-and-journalism-a-guide-for-the-media-draft

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Data protection and journalism Privacy and freedom of expression The Editors’ Code of Practice 3. Privacy i) Everyone is entitled to respect for his or her private and family life, home, health and correspondence, including digital communications. ii) Editors will be expected to justify intrusions into any individual’s private life without consent. Account will be taken of the complainant’s own public disclosures of information. The Ofcom Broadcasting Code 8.1 Any infringement of privacy in programmes, or in connection with obtaining material included in programmes, must be warranted. … if that reason is the public interest, then the broadcaster should be able to demonstrate that the public interest outweighs the right to privacy. BBC Editorial Guidelines Section 7: Privacy Meeting these ethical, regulatory and legal obligations in our output requires consideration of the balance between privacy and our right to broadcast information in the public interest. We must be able to demonstrate why an infringement of privacy is required. Factors which will help ensure you strike a fair balance – including public interest tests, fairness, openness and accuracy – also pervade the other provisions of these codes. We would therefore emphasise that if you comply with industry codes, this will go a long way to ensure you also comply with the DPA. DRAFT 10
Data protection and journalism 3 Data protection basics In brief… If you handle information about people, you will usually need to notify the ICO and comply with eight common-sense principles. The principles cover fairness, transparency, quantity, accuracy, time limits, individuals’ rights, security, and international transfers. It is also a criminal offence to obtain, procure or disclose personal data without the consent of the data controller. Some data protection myths Myth: the DPA doesn’t apply to the media Reality: the DPA applies to any organisation handling information about people. There is an exemption for journalism, but this does not give a blanket exemption from the DPA as a whole. See When does the DPA apply? Myth: the DPA only covers ‘private’ information Reality: any information about someone can be personal data – even if it’s in the public domain or is about someone’s public role. See What is ‘personal data’? (But it’s true the DPA will offer more protection for information someone wants to keep private.) Myth: the DPA bans the disclosure of personal data Reality: the DPA does not contain any absolute prohibitions. In general, the key is to consider what’s fair in the circumstances. See The data protection principles. DRAFT 11
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